Explanatory Statement
Issued by the authority of the Minister for Climate Change and Energy
Petroleum and Other Fuels Reporting Act 2017
Petroleum and Other Fuels Reporting Amendment (Disclosure of Protected Information and Reporting Requirements) Rules 2026
Legislative Authority
The Petroleum and Other Fuels Reporting Rules 2017 (the Rules) are made pursuant to the Petroleum and Other Fuels Reporting Act 2017 (the Act). Section 41 of the Act provides that the Minister may make rules prescribing matters required or permitted by the Act to be prescribed by the rules, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.
Paragraph 24(2)(c) provides that the rules may prescribe an agency or authority of the Commonwealth to which protected information may be disclosed in accordance with section 24 of the Act.
Paragraph 24(2)(d) provides that the rules may prescribe State or Territory governments, or agencies or authorities of State and Territory governments to which protected information may be disclosed in accordance with section 24 of the Act.
In addition, paragraph 11(4)(c) of the Act provides that the Rules must prescribe the period during which a report of fuel information must be given by a relevant person to the Secretary.
Purpose
The purpose of the Petroleum and Other Fuels Reporting Amendment (Disclosure of Protected Information and Reporting Requirements) Rules 2026 (the instrument) is to:
- repeal the existing section 21 of the Rules and substitute a new section 21; and
- insert a new subsection 19E(2A) in the Rules which has the effect of reducing the timeframe at paragraph 19E(2)(c) from “72 hours” to “62 hours”.
New section 21
The new section 21 prescribes the Commonwealth agencies who were previously prescribed, additional Commonwealth agencies, and each State and Territory government for the purpose of subsection 24(2) of the Act. This will enable the Secretary of the Department of Climate Change, Energy, the Environment and Water (the department) to disclose protected information with these agencies and State and Territory governments in accordance with section 24 of the Act.
Entities share data with the department on a weekly basis to provide a more complete picture of liquid fuel disruptions across Australia. This information is used to inform how these entities are affected by the changes in the Australian liquid fuel market due to global oil trade constraints arising from the geopolitical conflict in the Middle East.
Information intended to be shared relates to:
- Information collected under the Act, including annual sales, demand and wholesale market structure.
- Information collected from entities to which minimum stockholding obligations under the Fuel Security Act 2021 apply.
- Information collected under specific and targeted requests sent to regulated entities under section 13E of the Act.
Sharing this information ensures the relevant Commonwealth agencies and State and Territory governments have current data to support effective oversight of the liquid fuel market, promoting a cooperative and unified approach in tackling disruptions across Australia and enabling informed decision-making at all levels of government, including whether to consider actions under liquid fuel emergency legislation.
The information-sharing enabled by this instrument would only occur in circumstances when the Secretary of the department reasonably believes the information will enable or assist the relevant agency or body to exercise its powers, or perform its functions or duties.
New subsection 19E(2A)
The new subsection 19E(2A) has the effect of reducing the timeframe during which a report must be given by an entity under subsection 19E(1) of the Rules. The new timeframe requires reports to be provided within 62 hours of the end of each obligation day. The previous timeframe was within 72 hours of the end of each obligation day.
The purpose of this change is to ensure that reports provided by relevant entities are delivered to the Secretary urgently to provide more time for the MSO stockholding data to be considered. This is necessary in addition to the changes made by the new section 21 because it will allow the Secretary of the department sufficient time to consider the data and determine it is accurate for weekend publication.
This reduction in time is only intended to be in place until 31 December 2026 to deal effectively with current disruptions to the supply of liquid fuels. The timeframe is intended to revert to the original “72 hours” as in the current subsection 19E(2) of the Rules on 1 January 2027.
Background
Section 21 of the Rules lists several Commonwealth and State and Territory agencies to which protected information may be shared in accordance with section 24 of the Act. Under this section, data-sharing can occur if the Secretary of the department reasonably believes that the disclosure of the information would help a prescribed entity exercise its powers or perform its functions and duties.
In light of the disruptions to the global supply of liquid fuels, areas within Australia, such as regional areas, have been disproportionately affected. Unprecedented demand, stemming from domestic reactions to global events, combined with increased seasonal demand has caused liquid fuel shortages in some areas.
To ensure a coordinated effort at navigating shortages across Australia, the instrument prescribes additional Commonwealth agencies, as well as each State and Territory government in new section 21 of the Rules. This will allow the relevant agencies and State and Territory governments to have access to relevant information and data about the effects of these shortages and future outlook, and enable informed decision-making.
Subsection 24(6) of the Act empowers the Secretary of the department to impose written conditions on the recipient of protected information so that each disclosure can be tailored on a case-by-case basis to the specific issues raised. This power may be utilised by the Secretary to ensure that protected information shared with recipients is only accessed by the appropriate agencies and to inform relevant decision-makers.
In addition, paragraph 19E(2)(c) of the Rules requires entities to provide reports required under section 11 of the Act to the Secretary within 72 hours of the end of each obligation day. Given that data is regularly evolving due to the global fuel market security crisis, this timeframe does not provide sufficient time for the Secretary to consider MSO stockholding data contained within the reports. For the purpose of ensuring that the Secretary has sufficient time to consider this data and determine that it is accurate for weekend publication, new subsection 19E(2A) has the effect of temporarily reducing the timeframe from “72 hours” to “62 hours” until 31 December 2026.
Impact and Effect
The Office of Impact Analysis has been consulted and advised that an Impact Analysis was not required for the instrument.
Consultation
In relation to the amendments made by new section 21, consultation has occurred through the National Oil Supplies Emergency Committee (NOSEC), which comprises representatives of the Commonwealth Government, including the department and the Department of Defence, State and Territory governments and various industry stakeholders. Members have expressed a need for extra data as well as the need to share data more broadly across governments.
In relation to the amendments made by new subsection 19E(2A), consultation has occurred with MSO entities. Most entities provided feedback that they were comfortable with the temporary amendment to the reporting timeframes.
Details/ Operation
Details of the instrument are set out in Attachment A.
Other
The instrument is compatible with the human rights and freedoms recognised or declared under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. A full statement of compatibility is set out in Attachment B.
The instrument is a legislative instrument for the purposes of the Legislation Act 2003.
Authority: Paragraphs 24(2)(c) and 24(2)(d) of the Act.
Attachment A
Details of the Petroleum and Other Fuels Reporting Amendment (Disclosure of Protected Information and Reporting Requirements) Rules 2026
Section 1 – Name
This section provides that the name of the instrument is the Petroleum and Other Fuels Reporting Amendment (Disclosure of Protected Information and Reporting Requirements) Rules 2026.
Section 2 – Commencement
This section provides for the instrument to commence on the day after it is registered on the Federal Register of Legislation.
Section 3 – Authority
This section provides that the instrument is made under paragraphs 24(2)(c) and 24(2)(d) of the Petroleum and Other Fuels Reporting Act 2017.
Section 4 – Schedules
This section provides that each instrument that is specified in a Schedule to this instrument is amended as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Schedule 1 – Amendments
Item 1
- This item inserts a new subsection 19E(2A) after subsection 19E(2) of the Rules which provides that references to “72 hours” in paragraphs (1)(c) and subsection (2) of section 19E should be treated as references to “62 hours” in relation to the period starting on the first obligation day after this subsection commences and ending on 31 December 2026.
- This works with the amendments at item 2 to allow more time for the government to consider reports provided by entities under subsection 19E(1) of the Rules, and determine its accuracy ahead of weekend publication.
Item 2
- This item repeals the existing section 21 and substitutes a new section 21.
- New subsection 21(1) provides that for the purposes of paragraphs 24(2)(c) and (d) of the Act, an agency or authority of the Commonwealth is prescribed by new subsection 21(2), and State and Territory governments are prescribed by new subsection 21(3).
- New subsection 21(2) prescribes Commonwealth agencies and authorities, identifiable by the relevant Act which their Minister administers. These agencies enable government to prepare for, respond to, and recover from liquid fuel disruptions.
- Note 1 to subsection 21(2) clarifies the Departments covered by paragraph 21(2)(a), as identified in 2026.
- Note 2 to subsection 21(2) provides that in relation to paragraph 21(2)(e), subsection 81(1) of the Export Finance and Insurance Corporation Act 1991 provides that the corporation established by that Act may conduct its operations under the name “Export Finance Australia”.
- New subsection 21(3) provides that this subsection prescribes each State and Territory government.
ATTACHMENT B
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Petroleum and Other Fuels Reporting Amendment (Disclosure of Protected Information and Reporting Requirements) Rules 2026
This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Legislative Instrument
The Petroleum and Other Fuels Reporting Amendment (Disclosure of Protected Information and Reporting Requirements) Rules 2026 (the instrument) repeals existing section 21 of the Petroleum and Other Fuels Reporting Rules 2017 (the Rules) and inserts new section 21 into the Rules to prescribe additional Commonwealth agencies, and each State and Territory government for the purpose of subsection 24(2) of the Petroleum and Other Fuels Reporting Act 2017 (the Act). This will enable the Secretary of the Department of Climate Change, Energy, the Environment and Water (the department) to disclose protected information with these agencies and the State and Territory governments in accordance with section 24 of the Act.
Entities share data with the Australian Government on a weekly basis to provide a more complete picture of liquid fuel disruptions across Australia. This information is used to inform how these entities are affected by the changes in the Australian liquid fuel market due to global oil trade constraints arising from the geopolitical conflict in the Middle East.
Information intended to be shared relates to:
- Information collected under the Act, including annual sales, demand and wholesale market structure.
- Information collected from entities to which minimum stockholding obligations under the Fuel Security Act 2021 apply.
- Information collected under specific and targeted requests sent to regulated entities under section 13E of the Act.
In addition, it introduces new subsection 19E(2A), which has the effect of temporarily reducing the period within which entities must provide a report to the Secretary under section 11 of the Act from “72 hours” to “62 hours”. This reduced timeframe is intended to operate on a temporary basis, until 31 December 2026, allowing Commonwealth and State and Territory government bodies additional time to consider the data provided by relevant entities and prepare for weekend publication of the data.
This information ensures the Australian Government and State and Territory governments have current information to support effective oversight of the liquid fuel market, promoting a cooperative and unified approach in tackling disruptions across Australia and enabling informed decision-making at all levels of government, including whether to consider actions under liquid fuel emergency legislation. The information relates to the commercial activities of corporations involved in fuel supply; it is not information about individuals.
Human rights implications
This Legislative Instrument does not engage any of the applicable rights or freedoms.
Conclusion
This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.
The Hon Chris Bowen MP
Minister for Climate Change and Energy